Adam J. Di Vincenzo

Adam J. Di Vincenzo is a partner in Gibson Dunn’s Antitrust and Competition Law Practice Proup. He has extensive experience representing clients in government antitrust investigations, the antitrust aspects of mergers and acquisitions, and antitrust litigation. He has worked with clients across a diverse array of industries, including energy, health care, retail, gaming, agriculture, chemicals, consulting, entertainment, pharmaceuticals, medical devices, manufacturing, transportation, media, telecommunications, software, semiconductors, and consumer products.

Mr. Di Vincenzo’s practice encompasses a wide range of antitrust enforcement and litigation matters arising in and outside the U.S. He has represented numerous clients before antitrust and competition enforcement authorities in the United States (including the DOJ and FTC), European Union, Brazil, and other jurisdictions in connection with mergers, acquisitions, joint ventures, intellectual property issues, standard-setting activities, and other matters. He also regularly counsels clients on complex antitrust, regulatory, and compliance issues, including issues arising under the Sherman Act, the Clayton Act, the Robinson-Patman Act, and the Hart-Scott-Rodino (HSR) Act.

Mr. Di Vincenzo was one of five lawyers recognized by Law 360 as a 2014 “Rising Star” in competition law. Super Lawyers recognized Mr. Di Vincenzo as a “Rising Star” in antitrust litigation in 2013 and 2014.

Representative Matters

Lead antitrust counsel for Ameristar Casinos in its $2.8 billion sale to Pinnacle Entertainment in 2013, which the FTC cleared following a second request investigation and negotiated consent decree
Represented Schlumberger in a number of acquisitions and joint ventures reviewed by the DOJ and other antitrust authorities around the world, including Schlumberger’s $11 billion acquisition of Smith International in 2010, the sale of Schlumberger’s Wilson Distribution business to National Oilwell Varco in 2012, and the formation of Schlumberger’s OneSubsea joint venture with Cameron International in 2013
Represented Dell in connection with the FTC’s investigation of licensing practices by a standard-essential patent (SEP) owner, leading to a landmark FTC consent order (In the Matter of Negotiated Data Solutions “N-Data”) involving the applicability of the antitrust laws to SEP licensing practices
Represented Ticketmaster in connection with its merger with Live Nation, which was investigated by the DOJ, various U.S. congressional committees, the UK competition authorities, the Canadian Bureau of Competition, and over two dozen U.S. state attorneys general – after a second request investigation, the parties negotiated a settlement that avoided litigation and allowed the merger to close
Lead antitrust counsel for the Dole Food Company in the $1.6 billion sale of its Asia Fresh and worldwide packaged foods businesses to Itochu, which required expedited antitrust approvals in seven jurisdictions around the world
Represented Tenet Healthcare in its proposed acquisition of Emmanuel Medical Center, a hospital in California’s Central Valley, which the FTC cleared unconditionally in 2013 following a second request investigation
Represented The Williams Companies in connection with the formation of a number of joint ventures and FTC investigations, and its $5.5 billion bid for Southern Union
Represented CareCore National in a series of antitrust cases filed in federal court alleging a conspiracy in violation of Section 1 of the Sherman Act
Lead antitrust counsel for Louis Dreyfus Hybridge Energy in its $1.95 billion sale of pipelines, and natural gas liquids storage and processing plants to a joint venture between Regency Energy Partners and Energy Transfer Partners, which the FTC investigated and cleared without conditions
Represented Ancestry.com before the FTC, which unconditionally cleared its 2012 acquisition of rival Archives.com
Lead antitrust counsel for Power-One, a supplier of renewable energy solutions, in its $1 billion sale to ABB in 2013, which was reviewed and cleared by multiple antitrust authorities around the world
Represented Unocal in connection with an FTC enforcement action involving alleged misrepresentations to a regulatory body involving gasoline refining technology
Represented Allergan before the FTC in connection with its $3.2 billion acquisition of Inamed, which the FTC cleared following a second request investigation and a negotiated consent decree
Represented Flexsys America in connection with multiple federal and state cases involving alleged violations of the Sherman Act and state antitrust laws

Professional Activities and Publications

Mr. Di Vincenzo regularly authors articles and publications covering a range of cutting-edge antitrust topics. He currently serves on the editorial board of the American Bar Association’s Antitrust Law Journal and as an editor of Antitrust Laws & Trade Regulation: Desk Edition (published by LexisNexis). He has previously served as a Vice Chair of the Communications and Digital Technology Industries Committee of the ABA’s Section of Antitrust Law and Editor-in-Chief of Icarus, the committee newsletter.

His representative publications and speaking engagements include:

Steve Glover, Adam J. Di Vincenzo, and Aarthy Thamodaran, Transaction Planning: Allocating Antitrust Risk in Merger Agreements, Insights: The Corporate and Securities Law Advisor (October 2013)
Speaker, “Navigating Antitrust M&A Investigations,” Gibson Dunn Webcast (June 2013)
Speaker, “Exclusionary Conduct Under the Antitrust Laws,” Strafford Webinars & Teleconferences (Dec. 2012)
Speaker, “Standard Setting Case Study Panel: Recent and Current Cases Impacting Antitrust Enforcement” before the Antitrust Enforcement in Global Technology Markets Conference in Seattle, WA (LSI, June 2010)
M. Sean Royall & Adam J. Di Vincenzo, Evaluating Mergers Between Potential Competitors Under the New Horizontal Merger Guidelines, 25 ANTITRUST 1 (2010)
M. Sean Royall, Amanda Tessar, & Adam Di Vincenzo, Deterring “Patent Ambush” in Standard Setting: Lessons from Rambus and Qualcomm, 23 ANTITRUST 34 (2009)
M. Sean Royall & Adam J. Di Vincenzo, The FTC’s N-Data Consent Order: A Missed Opportunity to Clarify Antitrust in Standard Setting, 22 ANTITRUST 83 (2008)
Speaker, “Strategic Use of Merger Control – Chicanery, Mischief, or Justified Cry for Help?” before the International Association of Young Lawyers’ 45th Annual Congress (August 2007)

Education

Mr. Di Vincenzo received his J.D. cum laude from Duke University School of Law in 2002, where he served as an Articles Editor for the Journal of Law and Contemporary Problems. He also received a Master of Public Policy (M.P.P.) from the Terry Sanford Institute of Public Policy at Duke University and a B.A. in Economics and Political Science (with honors) from the University of Richmond.

While in law school, Mr. Di Vincenzo served as a law clerk in the White House Office of Counsel to the President and in the U.S. Department of Justice, Antitrust Division.

Good to know

Areas of Practice 1) Litigation and 2) Antitrust and Competition
Law School Duke University School of Law, J.D., 2002
Admitted Year 1996
Education University of Richmond, B.A., 1997
Bar Member / Association District of Columbia Bar Association, New York State Bar Association
Most recent firm Gibson, Dunn & Crutcher LLP
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